2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9122 - Expungement.

     § 9122.  Expungement.
        (a)  Specific proceedings.--Criminal history record
     information shall be expunged in a specific criminal proceeding
     when:
            (1)  no disposition has been received or, upon request
        for criminal history record information, no disposition has
        been recorded in the repository within 18 months after the
        date of arrest and the court of proper jurisdiction certifies
        to the director of the repository that no disposition is
        available and no action is pending. Expungement shall not
        occur until the certification from the court is received and
        the director of the repository authorizes such expungement;
            (2)  a court order requires that such nonconviction data
        be expunged; or
            (3)  a person 21 years of age or older who has been
        convicted of a violation of section 6308 (relating to
        purchase, consumption, possession or transportation of liquor
        or malt or brewed beverages) petitions the court of common
        pleas in the county where the conviction occurred seeking
        expungement and the person has satisfied all terms and
        conditions of the sentence imposed for the violation,
        including any suspension of operating privileges imposed
        pursuant to section 6310.4 (relating to restriction of
        operating privileges). Upon review of the petition, the court
        shall order the expungement of all criminal history record
        information and all administrative records of the Department
        of Transportation relating to said conviction.
        (b)  Generally.--Criminal history record information may be
     expunged when:
            (1)  An individual who is the subject of the information
        reaches 70 years of age and has been free of arrest or
        prosecution for ten years following final release from
        confinement or supervision.
            (2)  An individual who is the subject of the information
        has been dead for three years.
            (3)  (i)  An individual who is the subject of the
            information petitions the court for the expungement of a
            summary offense and has been free of arrest or
            prosecution for five years following the conviction for
            that offense.
                (ii)  Expungement under this paragraph shall only be
            permitted for a conviction of a summary offense.
        (b.1)  Prohibition.--A court shall not have the authority to
     order expungement of the defendant's arrest record where the
     defendant was placed on Accelerated Rehabilitative Disposition
     for a violation of any offense set forth in any of the following
     where the victim is under 18 years of age:
            Section 3121 (relating to rape).
            Section 3122.1 (relating to statutory sexual assault).
            Section 3123 (relating to involuntary deviate sexual
        intercourse).
            Section 3124.1 (relating to sexual assault).
            Section 3125 (relating to aggravated indecent assault).
            Section 3126 (relating to indecent assault).
            Section 3127 (relating to indecent exposure).
            Section 5902(b) (relating to prostitution and related
        offenses).
            Section 5903 (relating to obscene and other sexual
        materials and performances).
        (c)  Maintenance of certain information required or
     authorized.--Notwithstanding any other provision of this
     chapter, the prosecuting attorney and the central repository
     shall, and the court may, maintain a list of the names and other
     criminal history record information of persons whose records are
     required by law or court rule to be expunged where the
     individual has successfully completed the conditions of any
     pretrial or post-trial diversion or probation program or where
     the court has ordered expungement under this section. Such
     information shall be used solely for the purposes of determining
     subsequent eligibility for such programs, identifying persons in
     criminal investigations or determining the grading of subsequent
     offenses. Such information shall be made available to any court
     or law enforcement agency upon request.
        (d)  Notice of expungement.--Notice of expungement shall
     promptly be submitted to the central respository which shall
     notify all criminal justice agencies which have received the
     criminal history record information to be expunged.
        (e)  Public records.--Public records listed in section
     9104(a) (relating to scope) shall not be expunged.
        (f)  District attorney's notice.--The court shall give ten
     days prior notice to the district attorney of the county where
     the original charge was filed of any applications for
     expungement under the provisions of subsection (a)(2).
     (June 11, 1982, P.L.476, No.138, eff. 180 days; Oct. 16, 1996,
     P.L.715, No.128, eff. 60 days; Apr. 22, 1997, P.L.73, No.5, eff.
     60 days; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days Nov. 26,
     2008, P.L.1670, No.134, eff. 60 days)

        2008 Amendment.  Act 134 amended subsecs. (b), (b.1) and (c).
        2004 Amendment.  Act 173 amended subsec. (a).
        1982 Amendment.  Act 138 amended subsec. (f).
        Cross References.  Section 9122 is referred to in section
     9102 of this title.

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